ChatterBank1 min ago
I'm due in court but I can't remember what I said in my statement
10 Answers
I'm due in court as a witness on 12th January, I really want to get a hold of the exact statement that I gave to the police so that I don't stand up and contradict myself in the witness box. I sent a letter to the procurator fiscal asking them for a copy of the police statement and they said they would respond within 20 working days, but the court case is 12th January so do they have a legal obligation to get the statement to me before then?
Basically I want the statement to read because I don't remenber the incident due to alcohol, I don't remember what I saw and I don't remember what I told the police I saw.
Basically I want the statement to read because I don't remenber the incident due to alcohol, I don't remember what I saw and I don't remember what I told the police I saw.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.As Barmaid has confirmed, you will be provided with a copy of your statement to refresh your memory before you are called into court to give your evidence. It will be provided either by the prosecutor of the “officer in the case” (the police officer who is responsible for the administration of the case). However, you will not be allowed to refer to your statement whilst you are giving evidence unless you are specifically asked to do so by the court.
Certainly in England and Wales the prosecution is under no obligation to provide you with a copy of your statement. I imagine the situation is the same in Scotland.
The reliability of your evidence is a matter for either the jury or the bench of magistrates to determine.
Certainly in England and Wales the prosecution is under no obligation to provide you with a copy of your statement. I imagine the situation is the same in Scotland.
The reliability of your evidence is a matter for either the jury or the bench of magistrates to determine.
I thin k the mind boggles as to why the police would take a staement from a member of the public who was pissed and now cant remember what he said in the statement. Surley if he had been a drink driver they would have smelt alcohol on his breath and done a test to ascertain his suitability to drive, should they not have made the same judgement when taking statements from the public?
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